Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Heavenly Father, for the privilege of prayer, but cause us to know that prayer is not a substitute for work. We know that we are to do our part for You have made us not as puppets, but persons with minds to think clearly, in an unprejudiced way, guided by Your voice within our consciences and in accordance with the light You have given us. Help us to work as though everything depended upon us, and to trust as though everything depended upon God. Then shall we find all things possible, even solution to the problems that perplex us.
Accept our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was introduced:
H. 3686 -- Reps. McCain, K. Bailey, Bennett and Felder: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ORANGEBURG SCHOOL DISTRICT FIVE SUPERINTENDENT JIM WILSFORD UPON BEING NAMED 1989 NATIONAL SUPERINTENDENT OF THE YEAR BY THE AMERICAN ASSOCIATION OF SCHOOL ADMINISTRATORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 510 -- Senators Wilson, Shealy and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND DWIGHT WESSINGER AND THE CONGREGATION OF ST. MICHAEL'S EVANGELICAL LUTHERAN CHURCH IN LEXINGTON COUNTY AS IT MARKS ITS ONE HUNDRED SEVENTY-FIFTH ANNIVERSARY IN 1989.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 511 -- Senator Moore: A CONCURRENT RESOLUTION EXTENDING TO JANUARY 31, 1990, THE DEADLINE FOR "THE LEGISLATIVE TASK FORCE TO STUDY ALTERNATIVES TO LANDFILL DISPOSITION OF SOLID WASTE" TO MAKE ITS FINAL REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AFTER WHICH THE TASK FORCE IS DISSOLVED.
The Concurrent Resolution was ordered referred to Committee on Agriculture and Natural Resources.
The Senate sent to the House the following:
S. 512 -- Senator Pope: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. ROCHELLE BOYLE OF UNION FOR HIS DEDICATED SERVICE IN THE FIELD OF LAW ENFORCEMENT IN THIS STATE AND FOR HIS CONTRIBUTIONS WHICH BEGAN WITH HIS WORK AS A PIONEER IN THE HIGHWAY PATROL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 529 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MRS. MARIE THOMPSON GAYMON OF SUMMERTON IN CLARENDON COUNTY WHO DIED MONDAY, FEBRUARY 27, 1989.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3687 -- Reps. Wells, Cole, Davenport, Littlejohn, Ferguson, Lanford, McGinnis and Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE KATHLEEN M. ALLEN OF MOORE IN SPARTANBURG COUNTY FOR BEING CHOSEN COUNSELOR OF THE YEAR BY THE SOUTH CAROLINA SCHOOL COUNSELORS ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1988-89.
Without reference.
H. 3601 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM SURPLUS FOR THE EXPENSES OF STATE GOVERNMENT, TO IDENTIFY THE SOURCES OF FUNDS FOR THE SUPPLEMENTAL APPROPRIATIONS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-22 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION, IN CONSULTATION WITH THE STATE BOARD OF EDUCATION TO ESTABLISH A CENTER FOR THE ADVANCEMENT OF TEACHING AND SCHOOL LEADERSHIP, TO PROVIDE FOR THE CENTER'S PURPOSE AND RESPONSIBILITIES; BY ADDING SECTION 59-29-220 SO AS TO PROVIDE A DISCIPLINE-BASED ARTS EDUCATION CURRICULUM FOR SCHOOLS OF THE STATE: AND BY ADDING SECTION 59-1-452 SO AS TO ESTABLISH THE PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM.
Without reference.
H. 3622 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM SURPLUS FOR THE EXPENSES OF STATE GOVERNMENT, TO IDENTIFY THE SOURCE OF FUNDS AND ESTABLISH PRIORITIES FOR THE APPROPRIATIONS, AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-437 SO AS TO ALLOW A DEDUCTION FROM THE SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, PARTNERSHIPS (INCLUDING S CORPORATIONS), ESTATES, AND TRUSTS EQUAL TO FOURTEEN PERCENT OF NET LONG-TERM CAPITAL GAIN FOR TAXABLE YEARS BEGINNING AFTER 1988, TO DEFINE NET LONG-TERM CAPITAL GAIN, TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE IMPLEMENTING REGULATIONS, AND TO PROVIDE THAT SECTION 12-7-437 OF THE 1976 CODE SHALL TAKE EFFECT IF THERE IS AVAILABLE FIVE MILLION SIX HUNDRED THOUSAND DOLLARS OF FISCAL YEAR 1988-89 UNOBLIGATED SURPLUS REVENUES.
Without reference.
H. 3688 -- Rep. Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-7-1075, SO AS TO ALLOW A SELLER TO CONVEY A SUBDIVISION LOT PURSUANT TO A PLAT UNAPPROVED BY THE APPROPRIATE PLANNING COMMISSION AND UNRECORDED IN THE APPROPRIATE OFFICE BY MEANS OF A CONDITIONAL SALES CONTRACT VOIDABLE BY THE PURCHASER IF THE PLAT IS NOT APPROVED AND RECORDED WITHIN ONE YEAR OF THE EXECUTION OF THE CONTRACT AND IF THE CONSIDERATION OF THE CONDITIONAL SALE IS HELD IN ESCROW IN A FEDERALLY INSURED ACCOUNT IN A FINANCIAL INSTITUTION PENDING TIMELY APPROVAL AND RECORDING OF THE PLAT AND SUBJECT TO RETURN OF THE CONSIDERATION TO A PURCHASER WHO VOIDS THE CONTRACT ON THE SELLER'S FAILURE TO MEET THE APPROVAL AND RECORDING TIME LIMIT; AND TO AMEND SECTION 6-7-1080, RELATING TO THE OFFENSE OF SELLING LOTS BY REFERENCE TO AN UNAPPROVED AND UNRECORDED PLAT, SO AS TO EXEMPT FROM THE OFFENSE LOTS SOLD PURSUANT TO THE CONDITIONAL SALES CONTRACT AUTHORIZED IN SECTION 6-7-1075 AS ADDED BY THIS ACT.
Referred to Committee on Labor, Commerce and Industry.
H. 3689 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 7, TITLE 44 SO AS TO PROVIDE FOR THE INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS ACT BY SETTING FORTH DEFINITIONS, MEMBERS AND REQUIREMENTS OF A STATE INTERAGENCY COORDINATING COUNCIL, RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCLUDING A COMPREHENSIVE INTERAGENCY SYSTEM, REQUIREMENTS OF AN INDIVIDUALIZED FAMILY SERVICE PLAN, CHARGES FOR EARLY INTERVENTION SERVICES, FINANCIAL RESOURCES, AND EVALUATION OF THE COMPREHENSIVE SERVICE SYSTEM.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3690 -- Reps. R. Brown and Kohn: A BILL TO AMEND SECTION 38-39-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE COMPANY AGREEMENTS, SO AS TO DELETE THE REQUIREMENT OF HAVING A NOTARY PUBLIC NOTARIZE THE SIGNATURE OF THE INSURED.
Referred to Committee on Labor, Commerce and Industry.
H. 3691 -- Reps. Harvin, Keegan, Limehouse, G. Bailey, Harwell, Sharpe, McBride, Waites, Keyserling, Corning, Rama, Barfield, Nesbitt, Moss, Cooper, Wilkes, Townsend, J. Brown, J. Bailey, Mappus, Corbett, T.M. Burriss, P. Harris, Rhoad, Whipper, McLeod, Snow, Altman, L. Martin, Felder, Lockemy, Glover, Rudnick, Ferguson, Gordon, R. Brown, McGinnis, Mattos and Wells: A BILL TO AMEND SECTION 34-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON LOANS TO DIRECTORS AND OFFICERS OF BANKS INCORPORATED UNDER THE LAWS OF THIS STATE, SO AS TO PROVIDE THAT DIRECTORS AND OFFICERS OF STATE BANKS MAY BORROW OR OBTAIN CREDIT FROM THESE BANKS IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT DIRECTORS AND OFFICERS OF NATIONAL BANKS ARE PERMITTED TO BORROW OR OBTAIN CREDIT FROM THESE NATIONAL BANKS AS PROVIDED BY LAW.
Referred to Committee on Labor, Commerce and Industry.
H. 3692 -- Reps. M.O. Alexander, M.D. Burriss, Wilder, Mappus, Rama, Holt, Quinn, Taylor, Faber, Fair, McBride, Hearn, McKay, Klapman, L. Martin, Cork, McLeod, Manly, Blackwell, Phillips, Sturkie, Neilson, Corning, J. Bailey, Baxley, G. Bailey, T.C. Alexander, Baker, Fant, Mattos and Kohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-15 SO AS TO REQUIRE A LICENSED INSURER WHO DECIDES TO CEASE DOING BUSINESS FOR ANY LINE OR SUBLINE OF INSURANCE TO NOTIFY ALL POLICYHOLDERS OF THIS FACT AT LEAST NINETY DAYS BEFORE THE ANNIVERSARY OF THE POLICY AND PROHIBIT THE CHIEF INSURANCE COMMISSIONER FROM RETURNING SECURITIES DEPOSITED UNLESS THE INSURER COMPLIES WITH THIS SECTION.
Referred to Committee on Labor, Commerce and Industry.
H. 3693 -- Rep. J. Rogers: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOOTLEG RECORDS AND TAPES, SO AS TO FURTHER PROVIDE FOR THE UNLAWFUL PIRATING, BOOTLEGGING, AND COUNTERFEITING OF RECORDS, TAPES, AND RECORDINGS, AND TO REVISE THE PENALTIES FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3694 -- Reps. Holt, Baker, Clyborne, Whipper, G. Bailey, Hallman, Winstead, Barber, Rama, Glover, Rhoad, Littlejohn, J. Bailey, D. Martin, Washington, Elliott, Vaughn, Faber, Quinn, McBride, Wright, Corbett, Jaskwhich and Felder: A BILL TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF PERSONALIZED LICENSE PLATES FOR MOTOR VEHICLES, SO AS TO PROVIDE FOR THEIR ISSUANCE TO MEMBERS OF SPECIAL SERVICE DISTRICT BOARDS OR COMMISSIONS.
Referred to Committee on Education and Public Works.
S. 328 -- Senator Lourie: A JOINT RESOLUTION TO RATIFY THE TWENTY-FIFTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATING TO PRESIDENTIAL SUCCESSION AND INABILITY TO PERFORM THE DUTIES OF THE OFFICE.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Elliott Faber Fair Fant Farr Felder Ferguson Glover Gordon Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haves Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Lanford Limehouse Littlejohn Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay McLellan McLeod McTeer Moss Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on March 15, 1989.
Malloy McEachin Tim Wilkes Paul Derrick Rick Quinn Denny W. Neilson Ken Bailey Samuel R. Foster Ralph Davenport Larry Blanding T.M. Burriss Roland S. Corning Larry E. Gentry James E. Lockemy C. Lenoir Sturkie Larry Koon
STATEMENTS OF ATTENDANCE
Reps. FOSTER and KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 14, 1989.
Rep. VAUGHN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, March 13, 1989.
Rep. STODDARD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 7, 1989.
The SPEAKER granted Rep. MANLY a leave of absence for the day due to illness.
Rep. T. ROGERS made a statement relative to Mrs. Alice Spearman Wright, a prominent South Carolina citizen.
Rep. T. ROGERS moved that when the House adjourns it adjourn in memory of Alice Spearman Wright, a prominent South Carolina citizen, which was agreed to.
Announcement was made that Dr. William Kay of Belton is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
Rep. RUDNICK moved to reconsider the vote whereby Section 3.36 was adopted.
Rep. McLELLAN moved to table the motion to reconsider, which was not agreed to.
The question then recurred to the motion to reconsider the vote whereby 3.36 was adopted, which was agreed to by a division vote of 40 to 24.
The motion of Rep. HEARN to reconsider the vote whereby Amendment No. 14 was tabled was taken up and agreed to.
Rep. RUDNICK explained the amendment.
Rep. SHEHEEN spoke against the amendment and moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Bailey, K. Baker Barfield Bennett Blackwell Boan Brown, H. Brown, R. Bruce Burriss, M.D. Chamblee Clyborne Cooper Cork Elliott Faber Farr Felder Ferguson Glover Gordon Gregory Harris, J. Harris, P. Hayes Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keegan Kirsh Limehouse Mappus Martin, L. Mattos McBride McCain McEachin McKay McLellan McTeer Moss Nesbitt Phillips Rama Rhoad Sharpe Sheheen Short Simpson Smith Stoddard Sturkie Tucker Vaughn Waites Williams, J. Winstead Wofford
Those who voted in the negative are:
Baxley Cole Corbett Keesley Lanford Rudnick Wells White Wright
So, the amendment was tabled.
Rep. McTEER proposed the following Amendment No. 135, which was adopted.
Amend, as and if amended, Section 3.36, by adding at the end of the Section:
At a member's request, the House Operations and Management Committee shall use any unexpended portion of a members' allotment to purchase equipment for the members' office.
Amend title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 136 (Doc. No. 2471U), which was tabled.
Amend the bill, as and if amended, in SECTION 3 (LEGISLATIVE DEPARTMENT), page 3-033, lines 3 and 4, by striking /The additional personnel/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. BLACKWELL moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 69 to 8.
Section 3.36, as amended, was adopted.
Rep. BURCH moved to reconsider the vote whereby Amendment No. 120 was adopted and the motion was noted.
Rep. BURCH moved to reconsider the vote whereby Amendment No. 119 was adopted and the motion was noted.
Section 1 was adopted.
Section 2 was adopted.
Section 3 was adopted.
Rep. McTEER explained the Section.
Section 7 was adopted.
Section 8 was adopted.
Section 9 was adopted.
Section 10 was adopted.
Rep. T. ROGERS raised the Point of Order that Section 11 was out of order as it was not germane in compliance with Rule 5.3.
Rep. McTEER argued contra the Point in stating that the last sentence in the second part of the Section made it germane.
The SPEAKER stated that there were two questions of germaneness, one being the question of germaneness to the title of the Bill, which it was not, and the other question being the Constitutional germaneness test and he sustained the Point of Order and ruled the Section out of order.
Section 12 was adopted.
Section 13 was adopted.
Section 14 was adopted.
Section 15 was adopted.
Rep. RUDNICK raised the Point of Order that Section 16 was out of order as it was not germane in compliance with Rule 5.3.
Rep. KIRSH argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the section out of order.
Section 17 was adopted.
Rep. KIRSH proposed the following Amendment No. 12 (Doc. No. 2395U), which was adopted.
Amend the bill, as and if amended, PART II, Permanent Provisions, page 129-018, beginning in the left column, by striking Section 18 and inserting:
TO AMEND SECTION 12-27-390 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF ONE-HALF OF ONE PERCENT OF THE GASOLINE TAX REVENUES TO THE CREDIT OF THE WATER RECREATIONAL RESOURCES FUND OF THE STATE TREASURY, SO AS TO PROVIDE THAT DISTRIBUTIONS TO COUNTIES FROM THE FUND MAY BE USED FOR CAPITAL IMPROVEMENTS FOR RECREATIONAL PURPOSES.
The first paragraph of Section 12-27-390 of the 1976 Code is amended to read:
"One-half of one percent of the proceeds from the gasoline tax imposed pursuant to Section 12-27-230 must be transmitted to the Department of Wildlife and Marine Resources to be placed to the credit of a special water recreational resources fund of the state treasury and all balances in the fund must be carried forward each year so that no part of the fund reverts to the general fund of the State. Fund proceeds must be distributed to the counties based upon the number of boats or other watercraft registered in each county pursuant to law and expended, subject to the approval of a majority of the county legislative delegation, including a majority of the resident senators, if any, for the purpose of water recreational resources and capital improvements for recreational purposes. The amounts distributed to the counties must be deducted from the gross proceeds of the gasoline tax imposed under Section 12-27-230 before net proceeds to be distributed to the Department of Highways and Public Transportation and counties pursuant to Section 12-27-380 are determined. This section does not reduce the one cent a gallon license tax now being distributed to the counties pursuant to Section 12-27-380."/
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 18, as amended, was adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 19 (Doc. No. 2692U), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 58-12-90 OF THE 1976 CODE, RELATING TO ANNUAL FEES FOR RIGHT-OF-WAY USAGE FOR CABLE TELEVISION COMPANIES AND THE AVAILABILITY OF CHANNELS TO THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO PROVIDE THAT THE REVENUE DERIVED FROM THE ANNUAL FEES MUST BE USED AND DESIGNATED AS PROVIDED IN SECTION 58-12-130; AND TO PROVIDE FOR THE WAIVER OF CERTAIN FEES; TO AMEND SECTION 58-12-130, RELATING TO FEES FOR RIGHT-OF-WAY USAGE FOR CABLE TELEVISION COMPANIES, THE AVAILABILITY OF CHANNELS TO THE EDUCATIONAL TELEVISION COMMISSION, AND ISSUANCE OF CONTINUING PERMITS; TO PROVIDE THAT AFTER PAYMENT OF ADMINISTRATIVE EXPENSES TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FROM THE ANNUAL FEES, THE REMAINING REVENUE MUST BE USED FOR THE PRIMARY AND SECONDARY EDUCATIONAL PURPOSES; TO INCREASE THE AMOUNT THE DEPARTMENT MAY RETAIN FROM THE ANNUAL FEES FROM FIVE TO FIFTY PERCENT; TO REQUIRE EACH CABLE TELEVISION COMPANY TO SUBMIT TO THE DEPARTMENT AN AFFIDAVIT OF ITS RIGHT-OF-WAY USAGE BY THE FIRST OF JULY OF EACH YEAR; AND TO PROVIDE PENALTIES FOR LATE FILING.
A. Section 58-12-90 of the 1976 Code is amended to read:
"Section 58-12-90. Cable television companies operating in this State shall pay an annual fee of ten dollars a mile of State of South Carolina right-of-way usage. The revenue derived from the annual fees must be designated and used as provided for in Section 58-12-130. All cable television companies shall make available one six megahertz channel for the transmissions of the South Carolina Educational Television Commission."
B. Section 58-12-130 of the 1976 Code is amended to read:
"Section 58-12-130. (a) Cable television companies operating in this State shall pay an annual fee of ten dollars a mile of State of South Carolina right-of-way usage. The net revenue derived from the annual fees, after payment of the administrative expenses of the South Carolina Department of Highways and Public Transportation as specified in subsection (b) below, must be designated and used for the primary and secondary educational purposes. All cable television companies shall make available one six megahertz channel for the transmissions of the commission.
(b) The department may administer the provisions of this section and collect from the cable television companies the annual fees required to be paid and to retain fifty percent of the amount collected to the credit of its accounts. The department shall deposit the balance remaining with the State Treasurer to the credit of the general fund. All charges due or owed pursuant to this chapter prior to July 1, 1988, that have not been collected are waived.
(c) The department is authorized to issue a general continuing permit to each of the cable television companies which, upon the reporting by the cable television companies of a proposed extension of its cable subject to this chapter and approval of the extension by the department, applies to each extension and eliminates the necessity of the issuance of a permit for each extension.
(d) No later than the first of July of each year, each cable television company operating in this State shall submit to the department a sworn affidavit of the amount of its usage of right-of-way together with payment in the appropriate amount. If the affidavit and payment are not submitted by the required date, the cable television company is subject to a penalty of ten percent a month. If the affidavit and payment are not received within six months, the department shall rescind all outstanding permits of the cable television company. The department has the right to inspect the records of any cable television company.
(e) The department may initiate appropriate legal action to enforce the permit and fee requirements of this section against nonpermitted cable encroachment located within state highway rights-of-way."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. McTEER raised the Point of Order that Amendment No. 19 was out of order as it was not germane as it did not relate to an appropriation of funds in compliance with Rule 5.3.
Rep. LIMEHOUSE argued contra the Point.
The SPEAKER stated that the Amendment did not relate to revenue and he sustained the Point of Order and ruled the Amendment out of order.
Rep. RUDNICK proposed the following Amendment No. 24 (Doc. No. 2547U), which was tabled.
Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 53 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR RETIRED MEMBERS OF THE ARMED FORCES OF THE UNITED STATES AND PROVIDE PENALTIES FOR VIOLATIONS.
Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-5510. The Department of Highways and Public Transportation may issue a special motor vehicle license plate to retired members of the Armed Forces of the United States in this State for private motor vehicles registered in their names. The annual fee for the plate is the same as the fee provided for in Section 56-3-2020. Only one plate may be issued to each retired member of the Armed Forces of the United States.
Section 56-3-5520. The special license plate must be of the same size as a regular motor vehicle license plate but must be Or a distinctive design and must bear the letters and numerals the department prescribes. The plate must be issued or revalidated annually for the regular registration and licensing year.
Section 56-3-5530. The special license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the Department. It is unlawful for a person to whom the plate has been issued knowingly to permit it to be displayed on a vehicle except the one authorized by the department.
Section 56-3-5540. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to them. A person violating the provisions of this article or a person who;
(1) fraudulently gives false or fictitious information in an application for a special license plate, as authorized in this article;
(2) conceals a material fact; or
(3) otherwise commits a fraud in an application or in the use of a special license plate issued is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. KLAPMAN raised the Point of Order that Amendment No. 24 was out of order as it was not germane in compliance with Rule 5.3.
The SPEAKER stated that the Amendment did generate additional funds and he overruled the Point of Order.
Rep. ALTMAN moved to table the amendment, which was agreed to.
Reps. RUDNICK and CARNELL proposed the following Amendment No. 25 (Doc. No. 2495U), which was rejected.
Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 45 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE GENERAL ASSEMBLY, INCLUDING PROVISIONS WHICH SET AN ANNUAL FEE AND WHICH MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON ANY VEHICLE EXCEPT THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
A. Chapter 3 of Title 56 of the 1976 Code is amended by adding:
Section 56-3-4310. The Department of Highways and Public Transportation may issue a special motor vehicle license plate to any retired member of the General Assembly who has a vested interest in the General Assembly Retirement System and who is a resident of the State for a private passenger motor vehicle or truck, having a rated capacity of one ton or less, registered in his name. The annual fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020, and only one plate may be issued to any person. The revenue from the issuance of plates under this article must be deposited in the manner provided for under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department. Any retired member of the General Assembly who is issued a license plate under the provisions of this article is not required to reapply so long as he owns the vehicle for which the plate is issued or is authorized pursuant to this article. The provisions of this article do not apply if the retired member applies for a special personalized motor vehicle license plate under the provisions of Section 56-3-2010 or if the person, at the time of making application under this article, is under suspension by either house of the General Assembly, is an expelled member of the General Assembly, or is being prosecuted for or is under sentence imposed by any court of competent jurisdiction for any criminal violation of law committed while he was a member of the General Assembly.
Section 56-3-4320. The special license plate must be of the same size and general design as regular motor vehicle license plates. The department shall imprint the special license plates with the words 'South Carolina House, Retired', or 'State Senate, Retired', depending upon the house in which the applicant most recently served at the time of making the application, together with numbers which the department may determine to be necessary or expedient. The licensing period for the plate is on an annual basis and expires twelve months from the month it is issued.
Section 56-3-4330. A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the department. It is unlawful for any person to whom the plate has been issued knowingly to permit it to be displayed on any vehicle except the one authorized by the department.
Section 56-3-4340. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to those other provisions. Any person violating the provisions of this article or any person who: (a) fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, (b) conceals a material fact, or (c) otherwise commits fraud in the application or in the use of any special license plate issued hereunder is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or by both."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. CARNELL spoke in favor of the amendment.
Rep. KIRSH moved to table the amendment, which was not agreed to by a division vote of 37 to 56.
Rep. BEASLEY spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Barfield Bennett Blanding Brown, G. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corbett Cork Fant Foster Gordon Gregory Harris, P. Harvin Harwell Hearn Hendricks Holt Martin, D. McAbee McKay McLeod Nettles Phillips Rudnick Short Smith Snow Stoddard Townsend Tucker Washington Whipper Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Barber Beasley Blackwell Brown, J. Brown, R. Bruce Davenport Derrick Faber Farr Ferguson Glover Hallman Harris, J. Hayes Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Lanford Limehouse Littlejohn Mappus Martin, L. Mattos McBride McEachin McGinnis McLellan McTeer Moss Neilson Nesbitt Quinn Rama Rhoad Sheheen Simpson Taylor Vaughn Waites White Williams, J.
So, the amendment was rejected.
Reps. RUDNICK and CARNELL proposed the following Amendment No. 26 (Doc. No. 2499U), which was tabled.
Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 47 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR COUNTY CORONERS AND PROVIDE PENALTIES FOR VIOLATIONS.
Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-5110. The Department of Highways and Public Transportation may issue a special motor vehicle license plate to county coroners in this State for private motor vehicles registered in their names. The annual fee ror the plate is the same as the fee provided for in Section 56-3-2020. Only one plate may be issued to each coroner.
Section 56-3-5120. The special license plate must be of the same size as a regular motor vehicle license plate but must be of a distinctive design and must bear the letters and numerals the department prescribes. The plate must be issued or revalidated annually for the regular registration and licensing year.
Section 56-3-5130. The special license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the department. It is unlawful for a person to whom the plate has been issued knowingly to permit it to be displayed on a vehicle except the one authorized by the department. The plate must be returned immediately to the department when its holder is no longer a county coroner.
Section 56-3-5140. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to them. A person violating the provisions of this article or a person who;
(1) fraudulently gives false or fictitious information in an application for a special license plate, as authorized in this article;
(2) conceals a material fact; or
(3) otherwise commits a fraud in an application or in the use of a special license plate issued is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to.
Reps. RUDNICK and CARNELL proposed the following Amendment No. 27 (Doc. No. 2545U), which was tabled.
Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 51 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR A SPECIAL MOTOR VEHICLE LICENSE PLATE I; OR COUNTY VETERANS AFFAIRS OFFICERS AND PROVIDE PENALTIES FOR VIOLATIONS.
Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-5410. The Department of Highways and Public Transportation may issue a special motor vehicle license plate to county veterans affairs officers in this State for private motor vehicles registered in their names. The annual fee for the plate is the same as the fee provided for in Section 56-3-2020. Only one plate may be issued to each veterans affairs officer.
Section 56-3-5420. The special license plate must be of the same size as a regular motor vehicle license plate but must be of a distinctive design and must bear the letters and numerals the department prescribes. The plate must be issued or revalidated annually ror the regular registration and licensing year.
Section 56-3-5430. The special license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the department. It is unlawful for a person to whom the plate has been issued knowingly to permit it to be displayed on a vehicle except the one authorized by the department. The plate must be returned immediately to the department when its holder is no longer a county veterans affairs officer.
Section 56-3-5440. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to them. A person violating the provisions or this article or a person who;
(1) fraudulently gives false or fictitious information in an application for a special license plate, as authorized in this article;
(2) conceals a material fact; or
(3) otherwise commits a fraud in an application or in the use of a special license plate issued is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 28 (Doc. No. 2506U), which was tabled.
Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-385 SO AS TO PROVIDE THAT A DEED EXECUTED BY A MASTER-IN-EQUITY DURING A FORECLOSURE PROCEEDING IS SUBJECT TO THE DOCUMENTARY STAMP TAX, AND TO PROVIDE THAT THIS TAX MUST BE PAID BY THE PARTY TO WHOM THE MASTER EXECUTES THE DEED.
Article 3, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-385. A deed executed by a master-in-equity during a foreclosure proceeding is subject to the documentary stamp tax imposed by Section 12-21-380. This tax must be paid by the party to whom the master executes the deeds."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. SHEHEEN spoke against the amendment and moved to table the amendment, which was agreed to.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill, Part 2.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3660 -- Reps. Stoddard, Clyborne, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX TWELVE O'CLOCK NOON ON WEDNESDAY, MARCH 15, 1989, AS THE TIME FOR ELECTING A MEMBER OF THE BOARD OF VISITORS FOR THE CITADEL TO FILL THE UNEXPIRED PORTION OF THE TERM OF A MEMBER VACANCY.
The President announced that nominations were in order for a member of The Citadel Board of Visitors.
Rep. McABEE nominated Mr. John A. McAllister as follows:
"Thank you Mr. President, Mr. Speaker, Members of the Joint Assembly...I am deeply honored to be before you today for the purpose of nominating John A. McAllister, Jr. to The Citadel Board of Visitors. Originally from Mt. Carmel in McCormick County, he began as an Eagle Scout. He attended high school in Greenwood and was elected president of the Student Government Association. While at The Citadel, Johnny's name appeared on the Dean's List and The Commandants Distinguished Service List. He was selected to sit on The Round Table. He was also Chairman of the Orphanage Fund Committee, President of the Road and Gun Club, and served as an officer on the regimental staff. He now serves The Citadel as an advisor for estate planning on The Citadel Development Foundation. Most recently, he revitalized our local Citadel Alumni Club by doing an excellent job as president. Upon receiving his Bachelor of Science Degree in Business Administration in 1980 from The Citadel, he accepted commission in The South Carolina National Guard. Johnny McAllister epitomizes the citizen soldier concept. He is able to balance his business, military and personal obligations. As a homesite consultant for Savannah Lakes Village on Lake Thurmond, he is participating in the birth of a free standing community that will double the population of McCormick County and bring in needed tax dollars for other services.
Johnny is very active as an officer in the South Carolina National Guard. This past summer he recommended a construction detachment deployed to an Air Base in Honduras, where he supervised humanitarian aid projects and military construction. This past fall he served as Public Affairs Officer for the 7th Engineer Brigade in The Federal Republic of Germany for Reforger 88. Presently he serves as the Adjutant of the 122nd Engineer Battalion in the South Carolina Army National Guard. Johnny is very active in the community. He is a member of the Abbeville Rotary Club, Association of Citadel Men, Brigadier Club, McCormick Arts Council, Ways and Means Committee of that effort and the South Carolina Marine Science Museum Committee. Johnny and his wife, Kitty, are members of the First Associated Reformed Presbyterian Church in Greenwood. I feel I need to mention Johnny's family here in the balcony today. They are at the left, Wes, Kitty, we are glad to have you with us. Mary, Ed, John and Katherine are also with us. I want to tell you that this is a family that sticks together, a family that epitomizes the belief of Johnny's father, and that is, that when we are all gone, we leave this place a little bit better than we found it. As a member of the General Assembly, I am interested in maintaining strong leadership on this Board. With Johnny's solid record of service to our community, state and country, he is well prepared to serve on The Citadel Board. He believes in duty, honor and country. We desperately need that kind of leadership to be a part of the team that will provide this state's leaders well into the twenty first century. Thank you very much."
Rep. P. HARRIS, on behalf of the Anderson delegation, seconded the nomination of Mr. McAllister.
On motion of Rep. STODDARD nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Mr. John A. McAllister was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:10 P.M. the House resumed, the SPEAKER in the Chair.
Rep. T. ROGERS moved that the House recede until 2:00, which was adopted.
At 2:00 P.M. the House resumed, the SPEAKER in the chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Part 2.
Rep. BOAN proposed the following Amendment No. 45 (Doc. No. 2573U), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND SECTION 59-20-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INDEX OF TAXPAYING ABILITY FOR PURPOSES OF ALLOCATIONS PURSUANT TO THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT THE TAXABLE YEAR ON WHICH THE INDEX IS BASED IS THE SECOND COMPLETED TAXABLE YEAR PRECEDING THE YEAR THE INDEX IS USED, TO REQUIRE THE TAX COMMISSION TO PROVIDE THE INDEX NOT LATER THAN MARCH FIRST OF EACH YEAR, TO PROVIDE THAT ADJUSTMENTS MAY BE MADE ONLY BEFORE THE TAX COMMISSION PROVIDES THE INDEX TO THE STATE DEPARTMENT OF EDUCATION AND COUNTY AUDITORS, AND TO PROVIDE FOR A TRANSITION TO THE NEW SCHEDULE FOR CALCULATING THE INDEX.
A. Section 59-20-20(3) of the 1976 Code, as amended by Act 655 of 1988, is further amended to read:
"(3) 'Index of taxpaying ability' means an index of a local district's relative fiscal capacity in relation to that of all other districts of the State based on the full market value of all taxable property of the district assessed on the basis of property classification assessment ratios set forth in Article 3, Chapter 43 of Title 12 for the second completed taxable year preceding the fiscal year in which the index is used. The county auditor shall provide to the Tax Commission the assessed value of property in each of the school districts of the county not later than February first of each year. The index must be used to calculate each district's share of the revenue to be raised locally for the foundation program. The index must include an imputed value for the property tax base implicitly generating impact aid revenue. The property tax base must be imputed at two-thirds the average ratio of all true value assessed property value statewide to prior year local revenue statewide in the foundation program, the resulting product multiplied times the average impact aid receipts during the prior three years. If impact aid receipts during the federal fiscal year are less than the average receipts for the prior three years, then state aid to the impact aid districts must be adjusted in the final payment for the state fiscal year. If the State Department of Education determines from fiscal simulations that the school finance system does not meet requirements of Section 5(d) of P.L. 81-874, the Tax Commission shall exclude an imputed value of impact aid receipts from the index of taxpaying ability.
The index must be determined annually by the Tax Commission on the basis of the most current sales ratio data available based on studies made pursuant to Section 12-43-250 for assessed property within a school district. The sales ratio data utilized must be based on annual ratio studies made within the previous two calendar years. The Tax Commission shall provide the index not later than March first to the State Department of Education and to the auditor of each county who shall provide the index to any governmental entity responsible for approving or levying of millages for school purposes. Changes and corrections may be made to the index before March first but no change is allowed after that date. When the assessment of property is under appeal and the appeal extends beyond the year in which the assessment made pursuant to Section 12-43-305 is applied, the Tax Commission shall adjust the index of taxpaying ability in the year in which the appeal is resolved by the amount of any difference between the assessments. Any school district is entitled to a hearing before the Tax Commission to review its designated index of taxpaying ability within thirty days of filing a request for the hearing. The data gathered by the Tax Commission for the purpose of determining an annual index must be preserved as public records in the offices of the Tax Commission for four years. The raw information gathered from the various county officers reflecting the representative sales within the school districts, the consideration, and the reported market value or assessed value for each sale are a part of the public records so preserved. The Tax Commission shall file a statement stating the methodology employed in making the annual determination of the index and refer to all sources of factual information used in making the determination. All work sheets, computer printouts, and the actual calculation must be included as the public records to be preserved by the Tax Commission. In determining sales to assessment ratio, the Tax Commission shall use only reported consideration on sales for which deeds have been placed on public record. Where sufficient sales data is not available, the Tax Commission shall make appraisals in lieu of sales in order to determine the index. The appraisals, including all working papers, must be included as the public records to be preserved by the Tax Commission. With respect to school districts within counties where abstracts of duplicates reflecting the assessed value have been filed pursuant to Section 12-39-290, the same having been adopted by the auditor under Article 3, Chapter 43 of Title 12, the index must be on the basis of the value of the property as stated in the abstracts as adjusted by sales ratio studies up to full assessments based on full fair market value."
B. The index of taxpaying ability based on the 1988 taxable year must be used for Education Finance Act allocations for both the 1989-1990 and 1990-1991 fiscal years. The Tax Commission may continue to adjust the index based on the 1988 taxable year until March 1, 1990, and the index, as adjusted, shall apply in fiscal year 1990-1991.
C. Subsection A of this section is effective beginning with Education Finance Act allocations for fiscal year 1991-1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 46 (Doc. No. 2572U), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND SECTION 59-20-40, AS AMENDED, OF THE 1976 CODE, RELATING TO FUNDING ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO ESTABLISH A FORMULA FOR THE DETERMINATION OF WEIGHTED PUPIL UNITS.
Section 59-20-40(1)(C) of the 1976 Code, as amended by Acts 593 and 658 of 1988, is further amended by adding at the end:
"Education Finance Act funds must be allocated on a fixed number of weighted pupil units based on the following formula: The Department of Education shall determine each school districts' actual weighted pupil unit growth rate for the most recently completed fiscal year. Each districts' growth rate must be increased by a factor of 1.25 if the rate is positive. A negative growth rate must be used without change. Each districts' growth rate must be applied to the most recently completed fiscal year's weighted pupil unit count to determine the exact number of weighted pupil units for a district's allocation from the Education Finance Act appropriation. The Department of Education may adjust the Education Finance Act audit standard to conform with this section."/
Renumber sections to conform.
Amend title and totals to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. SNOW proposed the following Amendment No. 55 (Doc. No. 2552U), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 46-32-10 OF THE 1976 CODE, RELATING TO THE TOBACCO ADVISORY COMMISSION, SO AS TO INCREASE THE NUMBER OF COMMISSION MEMBERS FROM TWELVE TO FOURTEEN BY ADDING A TOBACCO FARMER APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE AND THE PRESIDENT OF TOBACCO ASSOCIATES, INCORPORATED, WHO SHALL SERVE EX OFFICIO.
Section 46-32-10 of the 1976 Code is amended to read:
"Section 46-32-10. There is created the South Carolina Tobacco Advisory Commission consisting of fourteen members as follows: the South Carolina Commissioner of Agriculture, or his designee, who shall serve for a term of four years coterminous with the term of the commissioner; the Dean of the Clemson University Department of Agriculture, or his designee, who shall serve for a term of two years; the President of South Carolina Tobacco Associates, Incorporated, ex officio; a representative from the South Carolina Farm Bureau appointed by the Governor with the advice and consent of the Senate to serve for a term of two years; a representative of the South Carolina Tobacco Warehouse Association appointed by the Governor with the advice and consent of the Senate to serve for a term of two years; a representative of the Pee Dee Tobacco Warehouse Association appointed by the Governor with the advice and consent of the Senate to serve for a term of two years; a representative from the South Carolina Grange appointed by the Governor with the advice and consent of the Senate to serve for a term of two years; two members appointed from the State at large by the Governor with the advice and consent of the Senate to serve for a term of four years; a tobacco farmer appointed by the Governor with the advice and consent of the Senate for a term of four years; two members must be members of the state Senate to be appointed by the Lieutenant Governor to serve for terms of four years; and two members must be members of the House of Representatives to be appointed by the Speaker to serve for terms of two years."/
Renumber sections to conform.
Amend title and totals to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
Rep. SNOW proposed the following Amendment No. 56 (Doc. No. 2556U), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND ARTICLE 39, CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO THE BIG APPLE AND SHAG COMMEMORATIVE LICENSE PLATES, SO AS TO DELETE AUTHORIZATION OF THE BIG APPLE COMMEMORATIVE LICENSE PLATE.
Article 29, Chapter 3, Title 56 or the 1976 Code is amended to read:
Section 56-3-3910. The department may issue a special commemorative motor vehicle license plate commemorating the fiftieth anniversary of the introduction of the State Dance, the Shag, in 1988. The annual fee for the commemorative license plate is twenty-five dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. This license plate must be of the same size and general design of regular motor vehicle license plates. The plate must be issued or revalidated annually for the year beginning December first and ending November thirtieth. License number 'one' for the Shag license plate is reserved for the president of the Columbia Shag Club in Richland County.
Section 56-3-3920. A special license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon an application being made and approved by the department. It is unlawful for any person to whom the commemorative license plate has been issued knowingly to permit the plate to be displayed on any vehicle except the one authorized by the department.
Section 56-3-3930. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to them."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
Rep. SHORT proposed the following Amendment No. 65 (Doc. No. 2577U), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING SECTION 56-3-1275 SO AS TO PROVIDE THAT AT THE OPTION OF THE PERSON TO WHOM A VEHICLE IS LEFT BY A DECEASED MEMBER OF HIS IMMEDIATE FAMILY, THE LICENSE PLATE ON THAT VEHICLE MAY BE RETAINED ON THE VEHICLE BY THE NEW OWNER AND TO PROVIDE FOR THE REREGISTRATION OF THE VEHICLE IN THE NEW OWNER'S NAME.
Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-1275. In lieu of the provisions of Sections 56-3-1260 and 56-3-1270, whenever the owner of a registered and licensed vehicle dies and his ownership in the vehicle, by will or operation of law, is bequeathed to a member of his immediate family, this person has the option of retaining the license tag attached to that vehicle. To do so, he must notify the department in writing within thirty lays of receipt of the vehicle, giving his name, address, and the date of death of the former owner. In that case, the license plate issued for the vehicle shall remain attached to the vehicle, except that the registration card must be returned concurrently to the department with an application for transfer to and reregistration in the new owner's name.
The department, upon being furnished with sufficient proof that the applicant is a member of the immediate family of the deceased owner and is the new owner of the vehicle, shall record the transfer and issue a new registration card to the new owner. A charge of three dollars may be made by the department for every such transfer and reregistration. For the purposes of this section, 'immediate family' means spouse, father, mother, step-father, step-mother, son, daughter, step-son, or step-daughter.
The property tax year for the vehicle remains the same as it was the year before the former owner's death in the event of the transfer of the license plate in the manner authorized by this section."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHORT explained the amendment.
The amendment was then adopted.
Rep. McGINNIS proposed the following Amendment No. 66 (Doc. No. 2597U), which was ruled out of order.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered section to read:
TO AMEND SECTION 8-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKWEEK UPON WHICH LEAVE MUST BE BASED FOR STATE EMPLOYEES, SO AS TO INCREASE THE WORKWEEK FROM THIRTY-SEVEN AND ONE-HALF HOURS TO FORTY HOURS.
Section 8-11-650 of the 1976 Code is amended to read:
"Section 8-11-650. Leave, as authorized by this article, must be based upon a five-day workweek except where services are maintained seven days a week. However, no agency shall schedule a workweek of less than forty hours. The State Budget and Control Board, through the Division of Human Resource Management, may establish, by appropriate regulations, procedures for the equitable calculation of leave for those employees who work a different number of days, including permanent part-time employees."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McGINNIS explained the amendment.
Rep. T. ROGERS raised the Point of Order that Amendment No. 66 was out of order as it was not germane in compliance with Rule 5.3.
The SPEAKER stated that the effect of the Amendment was to increase work hours and he sustained the Point of Order and ruled the Amendment out of order.
Reps. TOWNSEND, WILDER, R. BROWN, P. HARRIS, FELDER, M.D. BURRISS, TUCKER, SIMPSON, HARWELL, RAMA, G. BAILEY, BARBER, SHARPE, LOCKEMY, HUFF, DAVENPORT, KAY, NESBITT, McGINNIS, J. HARRIS, CLYBORNE, COOPER, WHITE, JASKWHICH, FABER, J.C. JOHNSON, CHAMBLEE, J. WILLIAMS, T.C. ALEXANDER, PHILLIPS, NEILSON, FARR, RHOAD, KEESLEY, McBRIDE, WALDROP, WINSTEAD, MAPPUS, J. ROGERS and BEASLEY proposed the following Amendment No. 67 (Doc. No. 2564U), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-21-160 SO AS TO REQUIRE THE GENERAL ASSEMBLY ANNUALLY TO PROVIDE FUNDING FOR NOT LESS THAN SEVENTY-TWO PERCENT OF THE COST OF PUBLIC SCHOOL EMPLOYEE FRINGE BENEFITS.
Article 1, Chapter 21, Title 59 of the 1976 Code is amended by adding:
"Section 59-21-160. The General Assembly annually shall provide funding to defray not less than seventy-two percent of the cost of public school employee fringe benefits."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. BOAN raised the Point of Order that Amendment No. 67 was out of order as it was not germane in compliance with Rule 5.3.
Rep. TOWNSEND argued contra the Point in stating that it did relate to a line item.
The SPEAKER stated that the Amendment had to affect revenue in the Bill and he sustained the Point of Order and ruled the Amendment out of order.
Rep. RUDNICK proposed the following Amendment No. 95 (Doc. No. 2636U), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1555 SO AS TO PROVIDE THAT ACCUMULATED SICK LEAVE OF A COVERED EMPLOYEE UNDER THE STATE RETIREMENT SYSTEM IS NOT COMPENSABLE AT RETIREMENT BUT DOES COUNT TOWARD THE EMPLOYEE'S TOTAL YEARS OF CREDITABLE SERVICE AT THE RATE OF ONE ADDITIONAL MONTH OF SERVICE FOR EACH TWENTY DAYS OF ACCUMULATED SICK LEAVE.
The 1976 Code is amended by adding:
"Section 9-1-1555. Accumulated sick leave of a covered employee is not compensable at retirement but does count toward the employee's total years of creditable service at the rate of one additional month of service for each twenty days of accumulated sick leave."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 95 was out of order as it was not germane in compliance with Rule 5.3.
The ACTING SPEAKER McTEER sustained the Point of order and ruled the Amendment out of order.
Reps. CORK, RAMA, G. BAILEY, BARBER, HALLMAN, BAXLEY, G. BAILEY, FERGUSON, RHOAD, SHARPE, CORBETT, ELLIOTT, BURCH, STURKIE, J. HARRIS, WOFFORD, MANLY, FARR, COLE, T.M. BURRISS, HOLT, KEEGAN, ALTMAN and BARFIELD proposed the following Amendment No. 104 (Doc. No. 0059r), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by creating an appropriately numbered section to read:
(A) Notwithstanding any other provisions of law, the counties of the State are hereby authorized to use those funds appropriated by the General Assembly for "Aid to Counties" under Aid to Subdivisions to satisfy up to eighty percent of the local matching requirements as set forth in subitem 28 of item (f) of Section 3 of Act 1377 of 1968 added by Act 638 of 1988.
(B) Effective June 30, 1990, an amount equivalent to two percent of all revenues collected in Beaufort, Charleston, Colleton, Georgetown, Jasper and Horry counties for remittance to the general fund of the State must be credited to the "Beach Management Trust Fund" as a fund separate and distinct from the state general fund. All revenues collected pursuant to this section and credited to the Beach Management Trust Fund must be used to carry out the proper state responsibilities in a comprehensive long-range, statewide beach management plan for erosion control, beach preservation, beach restoration and renourishment, and hurricane protection. Allocations from this fund may be used to pay up to ninety percent of the total cost of any beach renourishment project. Any Beach Management Trust Fund balance in excess of fifty million dollars along with all interest generated must be credited to the general fund of the State. Any Beach Management Trust Fund balance less than fifty million will be carried forward and expended for the same purpose during the next fiscal year.
(C) There is created the 'Beach Management Trust Fund Oversight Committee' consisting of thirteen members. This committee is responsible for overseeing all disbursements from the Beach Management Trust Fund. Six members must be appointed from the Senate by the President to represent each coastal county bordering the Atlantic Ocean. Six members must be appointed from the House of Representatives by the Speaker to represent each coastal county bordering the Atlantic Ocean. One member is the Governor or his designee. Anyone serving on the Coastal Council is ineligible to serve on the committee. Terms of committee members who are members of the General Assembly are coterminous with their terms of office. The Governor's appointee serves until his successor is appointed. The members are allowed the usual mileage, per diem, and subsistence provided by law for members of state boards, committees, councils, and commissions to be paid by the Coastal Council from the Beach Management Trust Fund. The staff of the Coastal Council shall provide assistance requested by the committee.
Renumber sections and amend title to conform.
Rep CORK explained the amendment.
Rep. CORNING raised the Point of Order that Amendment No. 104 was out of order as it was not germane in compliance with Rule 5.3.
The ACTING SPEAKER McTEER sustained the Point of Order and ruled the Amendment out of order.
Reps. WELLS, STURKIE, HEARN, J. HARRIS, RUDNICK, McGINNIS, FELDER, GLOVER, NEILSON and BRUCE proposed the following Amendment No. 107 (Doc. No. 2665U), which was adopted.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX THE SALE OF GIRL SCOUT COOKIES.
Section 12-35-550 of the 1976 Code, as amended, is further amended by adding the following item appropriately numbered:
"( ) The gross proceeds of the sales of Girl Scout cookies to and by the member councils of the Girl Scouts of the U.S.A."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WELLS explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 107 was out of order as it was not germane in compliance with Rule 5.3.
The SPEAKER stated that the Amendment did relate to a line item and he overruled the Point of Order.
Rep. KIRSH spoke upon the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. WELLS spoke in favor of the amendment.
Rep. KIRSH moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Barber Bennett Blackwell Blanding Boan Burch Clyborne Cooper Derrick Ferguson Gentry Gordon Hayes Hendricks Hodges Holt Huff Johnson, J.W. Kay Keesley Keyserling Kirsh Klapman Mappus Martin, D. Mattos McEachin McElveen McLellan McTeer Nettles Rhoad Sheheen Short Snow White Wilder Wilkes Williams, D.
Those who voted in the negative are:
Barfield Baxley Brown, G. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Carnell Chamblee Cole Corbett Cork Corning Elliott Fair Felder Glover Hallman Harris, J. Harris, P. Harvin Harwell Hearn Jaskwhich Keegan Koon Lanford Limehouse Littlejohn Lockemy McAbee McGinnis McKay Moss Neilson Phillips Quinn Rama Rudnick Simpson Stoddard Sturkie Tucker Vaughn Waites Wells Wofford Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. WELLS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Bailey, J. Baker Barfield Baxley Brown, G. Brown, J. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Carnell Chamblee Cole Cooper Corbett Cork Davenport Derrick Elliott Fair Felder Ferguson Glover Hallman Harris, J. Harris, P. Harvin Harwell Hearn Hendricks Holt Jaskwhich Keegan Koon Lanford Limehouse Littlejohn Lockemy Martin, L. McAbee McGinnis Moss Neilson Phillips Quinn Rama Rhoad Rudnick Sharpe Simpson Smith Stoddard Sturkie Tucker Vaughn Waites Wells Wilder Williams, D. Wofford Wright
Those who voted in the negative are:
Altman Barber Blanding Boan Burch Clyborne Corning Gentry Gordon Hayes Hodges Huff Johnson, J.W. Kay Keesley Keyserling Kirsh Klapman Mappus Martin, D. Mattos McEachin McElveen McKay McLellan McLeod McTeer Nettles Rogers, J. Sheheen Short Snow White Wilkes Williams, J.
So, the amendment was adopted.
The SPEAKER granted Rep. HENDRICKS a leave of absence for the remainder of the day.
Rep. J. ROGERS moved that the House recede for thirty minutes, which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of the Bill, Part II.
At 3:30 P.M. the House resumed, the SPEAKER in the chair.
On motion of Rep. R. BROWN, with unanimous consent, the following Bill was introduced, read the first time, and ordered placed on the Calendar without reference:
H. 3695 -- Labor, Commerce and Industry: A BILL TO AMEND SECTIONS 38-77-30, AS AMENDED, 38-77-150, 38-77-160, AS AMENDED, 38-77-110, 38-77-140, 38-73-735, 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-910, 38-77-950, AS AMENDED, 38-77-280, AS AMENDED, 38-77-112, AS AMENDED, 38-77-580, AS AMENDED, 38-77-620,38-77-920, 38-57-130, 38-55-170, 38-73-1210, 38-73-455, AS AMENDED, 38-77-590, AS AMENDED, 38-73-457, AS AMENDED, AND 38-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S INSURANCE LAWS, 56-9-330, 56-10-240, AS AMENDED,56-10-40, 56-10-280, 56-1-80, AND 56-3-1350, RELATING TO THE MOTOR VEHICLE LAWS, 37-6-604 AND 37-6-605, RELATING TO THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, 16-11-125, RELATING TO THE CRIME OF MAKING FALSE CLAIM OR STATEMENT IN SUPPORT OF A CLAIM TO OBTAIN INSURANCE BENEFITS FOR FIRE OR EXPLOSION LOSS, 16-11-130, RELATING TO THE CRIME OF BURNING PERSONAL PROPERTY TO DEFRAUD AN INSURER, 23-41-30, RELATING TO THE ARSON REPORTING-IMMUNITY ACT AND THE RELEASE OF INFORMATION BY AN INSURANCE COMPANY, AND ACT 683 OF 1988, RELATING TO THE WAITING PERIOD REQUIRED BY SECTION 38-73-960 AND ITS EXTENSION BY THE CHIEF INSURANCE COMMISSIONER, AND BY ADDING SECTIONS 38-77-341, 34-3-110, 38-77-114, 38-73-467, 38-77-25, 38-73-545, 38-73-550, 38-73-555, 38-77-111, 38-77-113, 38-73-1370, 98-73-1380, 38-73-1400, 38-73-1410, AND 38-73-1420 AND ARTICLE 48 TO CHAPTER 5, TITLE 56 (SAFETY BELTS AND PENALTY), SO AS TO ENACT THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989"; TO DELETE SUBSECTION (E) OF SECTION 38-77-280, RELATING TO AUTHORIZATION FOR INSURERS OF AUTOMOBILE INSURANCE TO CHARGE A RATE FOR PHYSICAL DAMAGE INSURANCE COVERAGES DIFFERENT FROM THOSE PROVIDED FOR ELSEWHERE IN THE INSURANCE CODE AND TO THE PROVISION THAT NO POLICY OF AUTOMOBILE INSURANCE WHICH INCLUDES PHYSICAL DAMAGE INSURANCE COVERAGES OFFERED TO AN APPLICANT OR EXISTING POLICYHOLDER PURSUANT TO THIS SUBSECTION MAY BE CEDED TO THE REINSURANCE FACILITY: TO REPEAL SECTIONS 38-77-240, 38-77-250, 38-77-260, 38-77-270, 38-77-290, 38-77-300, AND 38-77-310, RELATING TO AUTOMOBILE INSURANCE: TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME IN SECTION 16-11-125 (IF THE CLAIM IS FIVE HUNDRED DOLLARS OR MORE), THE CRIMES IN SECTION 16-11-130, AND THE CRIMES RELATING TO WILFULLY INCLUDING IN A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILING ANY EXPENSE OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES (EXCEPT UNDER CERTAIN CIRCUMSTANCES), OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES OF INSURANCE (EXCEPT UNDER CERTAIN CONDITIONS), OR RELATING TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARE NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN THE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO CAUSE TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLEMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE AND AT LEAST ANNUALLY AFTER THE SALE, AND REQUIRING THE CHIEF INSURANCE COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.
Without reference.
Rep. L. MARTIN moved that the House recede for twenty minutes, which was adopted.
At 4:00 P.M. the House resumed, the SPEAKER in the chair.
Rep. BOAN moved that the House recede for thirty minutes, which was adopted.
At 5:00 P.M. the House resumed, the SPEAKER Pro Tempore in the chair.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Part II.
Rep. SHEHEEN made a statement relative to the General Appropriations Bill.
The SPEAKER granted Rep. QUINN a leave of absence for the remainder of the day to attend a hearing.
Rep. KOON proposed the following Amendment No. 117 (Doc. No. 2619U), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-73-170 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF CERTAIN SCHOOL DISTRICTS TO LEVY AN IMPACT TAX AGAINST PREVIOUSLY UNTAXED MOBILE OR MANUFACTURED HOMES, AND TO PROVIDE THAT THE IMPACT TAX COLLECTED MUST BE USED FOR BUILDING PURPOSES OF THE DISTRICT.
Chapter 73, Title 59 of the 1976 Code is amended by adding:
"Section 59-73-170. The board of trustees of any school district in this State meeting the requirements of this section is authorized to levy an impact tax not exceeding six hundred mills in the manner provided herein. The tax may be levied in any year in which the district qualifies against the assessed value of any mobile or manufactured home located within the district, and not previously taxed by the district in any manner, including the impact tax. A district is authorized to change the impact tax millage levied from year to year, subject to the limitations of this section.
The impact tax collected must be used for school building purposes of the district, and school building purposes include debt service on school bonds issued for building purposes.
In order to levy the impact tax for a particular year, a school district must have had an aggregate increase in student enrollment over the last three school years immediately prior to the year in which the impact tax is levied of at least ten percent, and the board of trustees of the district must have unlimited fiscal autonomy or fiscal autonomy within the limitations of the Education Finance Act (EFA) or the Educational Improvement Act (EIA), or both."/
Renumber sections to conform.
Amend title to conform.
Rep. KOON explained the amendment.
Rep. HOLT raised the Point of Order that Amendment No. 117 was out of order as it was not germane in compliance with Rule 5.3.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Rep. BAXLEY moved that the House do now adjourn.
Rep. MATTOS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Davenport Ferguson Foster Koon Limehouse
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Elliott Faber Fair Farr Felder Gentry Glover Gordon Hallman Harris, J. Harris, P. Harvin Harwell Hayes Hearn Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Lanford Littlejohn Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McKay McLellan McLeod Moss Neilson Nesbitt Nettles Quinn Rama Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Smith Snow Sturkie Townsend Tucker Vaughn Waites Washington Wells Whipper White Wilkes Wilkins Winstead Wofford Wright
So, the House refused to adjourn.
Reps. TOWNSEND and BOAN proposed the following Amendment No. 122 (Doc. No. 0710b), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section appropriately numbered to read:
/Section 25. To amend the 1976 Code by adding Section 59-21-160 so as to require the General Assembly annually to provide funding for not less than seventy percent of the cost of public school employee fringe benefits for the positions included in the Defined Minimum Program.
Article 1, Chapter 21, Title 59 of the 1976 Code is amended by adding:
"Section 59-21-160. Beginning with FY 89-90, the General Assembly annually shall provide funding to defray not less than seventy percent of the cost of public school employee fringe benefits for the positions included in the Defined Minimum Program"./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MATTOS raised the Point of Order that Amendment No. 122 was out of order as it was not germane in compliance with Rule 5.3.
The SPEAKER stated that the Amendment did affect revenue appropriated in 1989-90 and he overruled the Point of Order.
The amendment was then adopted.
The SPEAKER granted Rep. LIMEHOUSE a leave of absence for the remainder of the day to go see a doctor.
Reps. R. BROWN, NETTLES, McKAY and McEACHIN proposed the following Amendment No. 139 (Doc. No. 0704b), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new appropriately numbered section to read as follows:
Amend the Code of Laws of South Carolina 1976, by adding Article 51 to Chapter 3, Title 56 so as to provide that no special license plates shall be issued by the SC Department of Highways and Public Transportation except as follows: Constitutional Officers; members of the General Assembly; Judges of the Supreme Court, the Court of Appeals, Circuit Court and Family Court; members of the SC Highway Commission; and handicapped persons. No former or retired members of the above referenced bodies shall be eligible to purchase such plates./
Renumber sections to conform.
Amend totals and title to conform.
Rep. R. BROWN explained the amendment.
Rep. HOLT raised the Point of Order that Amendment No. 139 was out of order as it was not germane in compliance with Rule 5.3.
Rep. R. BROWN argued contra the Point.
The SPEAKER stated that the test was if the Amendment directly affected revenue in this Bill and he sustained the Point of Order and ruled the Amendment out of order.
After further deliberation, the SPEAKER reversed his ruling on Amendment No. 139 and he overruled the Point of Order.
Rep. R. BROWN continued speaking.
Rep. McABEE moved to table the amendment.
Rep. R. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Barfield Blackwell Brown, H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Corbett Farr Felder Foster Harris, P. Harvin Hayes Hearn Holt Huff Keesley Lanford Martin, D. Martin, L. McAbee McLellan McTeer Moss Phillips Rudnick Snow Townsend White Wilkes Wilkins Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Baxley Beasley Bennett Blanding Boan Brown, R. Bruce Burch Clyborne Cole Cork Davenport Derrick Elliott Faber Fair Fant Ferguson Gentry Glover Gordon Hallman Harwell Hodges Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keyserling Kirsh Koon Littlejohn Lockemy Mappus McBride McEachin McElveen McGinnis McKay McLeod Neilson Nesbitt Nettles Rama Rhoad Sharpe Sheheen Short Simpson Smith Sturkie Tucker Vaughn Waites Waldrop Washington Wells Whipper Williams, J. Winstead Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. CORK proposed the following Amendment No. 145 (Doc. No. 0059r), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by creating an appropriately numbered section to read:
(A) Notwithstanding any other provisions of law, the counties of the State are hereby authorized to use those funds appropriated by the General Assembly for " Aid to Counties" under Aid to Subdivisions to satisfy up to eighty percent of the local matching requirements as set forth in subitem 28 of item (f) of Section 3 of Act 1377 of 1968 added by Act 638 of 1988.
(B) Effective June 30, 1990, an amount equivalent to two percent of all revenues collected in Beaufort, Charleston, Colleton, Georgetown, Jasper and Horry counties for remittance to the general fund of the State must be credited to the "Beach Management Trust Fund" as a fund separate and distinct from the state general fund. All revenues collected pursuant to this section and credited to the Beach Management Trust Fund must be used to carry out the proper state responsibilities in a comprehensive long-range, statewide beach management plan for erosion control, beach preservation, beach restoration and renourishment, and hurricane protection. Allocations from this fund may be used to pay up to ninety percent of the total cost of any beach renourishment project. Any Beach Management Trust Fund balance in excess of fifty million dollars along with all interest generated must be credited to the general fund of the State. Any Beach Management Trust Fund balance less than fifty million will be carried forward and expended for the same purpose during the next fiscal year.
(C) There is created the 'Beach Management Trust Fund Oversight Committee' consisting of thirteen members. This committee is responsible for overseeing all disbursements from the Beach Management Trust Fund. Six members must be appointed from the Senate by the President to represent each coastal county bordering the Atlantic Ocean. Six members must be appointed from the House of Representatives by the Speaker to represent each coastal county bordering the Atlantic Ocean. One member is the Governor or his designee. Anyone serving on the Coastal Council is ineligible to serve on the committee. Terms of committee members who are members of the General Assembly are coterminous with their terms of office. The Governor's appointee serves until his successor is appointed. The members are allowed the usual mileage, per diem, and subsistence provided by law for members of state boards, committees, councils, and commissions to be paid by the Coastal Council from the Beach Management Trust Fund. The staff of the Coastal Council shall provide assistance requested by the committee.
Renumber sections and amend title to conform.
Rep. CORK explained the amendment.
Rep. RUDNICK raised the Point of Order that Amendment No. 145 was out of order as it was not germane in compliance with Rule 5.3.
The SPEAKER overruled the Point of Order.
Rep. McEACHIN moved to table the amendment, which was agreed to by a division vote of 53 to 44.
Rep. McABEE proposed the following Amendment No. 147 (Doc. No. 2742U), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-186 SO AS TO PROVIDE FOR CERTAIN ANNUAL INCREASES IN THE COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY BEGINNING WITH THE 1991 SESSION OF THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE MANNER IN WHICH THESE INCREASES ARE TO BE APPROVED AND COMPUTED.
Chapter 1, Title 2 of the 1976 Code is amended by adding:
"Section 2-1-186. (A) Beginning with compensation paid to members of the General Assembly for the 1991 session, the compensation of members of the General Assembly, subject to the provisions of subsection (B) of this section, must be increased annually by the same total percentage of cost of living adjustments provided for state employees' salaries in the last two completed fiscal years before the applicable session of the General Assembly.
(B) The State Budget and Control Board from the funds appropriated to it for miscellaneous operating expenses under Section 14A, Part I, of this act, shall appoint and establish a blue-ribbon study committee composed of nine nongovernmental business and civic leaders of this State to consider whether or not the members of the General Assembly should receive annual increases in salary beginning with the 1991 session equal to the total percentage cost of living adjustments provided for state employees' salaries in the previous two fiscal years. The per diem, mileage, and subsistence of the blue-ribbon committee members and the other expenses of the committee must be paid from the above-referenced appropriation. The committee must render its report to the General Assembly no later than the beginning of its 1990 session. If the report is against this pay increase, the increase provided for in subsection (A) must not be granted. If the report is in favor of the increase, the increase provided for in subsection (A) shall take effect in the manner provided therein unless both houses of the General Assembly by concurrent resolution adopted before June 30, 1990 disapprove of the increase. Upon rendering its report, the blue-ribbon study committee is dissolved."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. RUDNICK raised the Point of Order that Amendment No. 147 was out of order as it was not germane in compliance with Rule 5.3.
Rep. McABEE argued contra the Point.
The SPEAKER stated that Section B made it germane and he overruled the Point of Order.
Rep. McEACHIN spoke against the amendment.
Rep. McEACHIN moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Baker Barber Barfield Baxley Blackwell Boan Brown, H. Bruce Burriss, M.D. Chamblee Clyborne Cooper Cork Corning Derrick Elliott Fair Farr Felder Ferguson Foster Gentry Hallman Harris, J. Hayes Hearn Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kirsh Koon Littlejohn Lockemy Mappus McBride McEachin McElveen McGinnis McLellan Moss Neilson Nettles Phillips Rama Rogers, T. Rudnick Sheheen Short Simpson Smith Snow Tucker Vaughn Waites Waldrop Wells Wilkes Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
Bailey, J. Bennett Blanding Brown, G. Brown, R. Burch Carnell Cole Corbett Davenport Fant Gordon Harris, P. Harvin Harwell Holt Kay Lanford Martin, L. McAbee McKay McLeod McTeer Nesbitt Rhoad Rogers, J. Stoddard Sturkie Townsend Washington Whipper White Wilkins
So, the amendment was tabled.
The SPEAKER granted Rep. T.M. BURRISS a leave of absence for the remainder of the day.
Rep. MAPPUS proposed the following Amendment No. 150 (Doc. No. 2749U), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND SECTION 8-11-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT AS AFFECTING ELIGIBILITY FOR THE STATE HEALTH INSURANCE PLAN, SO AS TO FURTHER PROVIDE FOR THE ELIGIBILITY OF MEMBERS OF THE GENERAL ASSEMBLY TO PARTICIPATE IN THE STATE HEALTH INSURANCE PLAN UPON THEIR RETIREMENT.
Section 8-11-82 of the 1976 Code is amended to read:
"Section 8-11-82. A person covered by the State Health Insurance Plan who terminates employment with at least fifteen years' retirement service credit by the State or a school district prior to eligibility for retirement under a state system is eligible for the State Health Insurance Plan effective with the date of retirement under a state retirement system. In order to obtain coverage application must be made by October 1, 1986, and the applicant must demonstrate evidence of insurability.
A member of the General Assembly who leaves office with at least eight years' credited service in the General Assembly Retirement System or who retires with at least four years' credited service in the General Assembly retirement system is eligible to participate in the State Health Insurance Plan by paying the full premium costs as determined by the State Budget and Control Board.
An active employee retiring after the effective date of this section who is covered by the State Health Insurance Plan who retires with less than ten years of state or school district service credited under a state retirement system is not eligible for state-paid premiums under the State Health Insurance Plan.
A state or school district employee who retires with at least five years' service as a state or school district employ credited under a state retirement system is eligible to participate in the State Health Insurance Plan by paying the full premium costs as determined by the State Budget and Control Board.
All state and school district employees employed prior to July 1, 1984, who were eligible or would have been eligible upon completion of five years' service for the State Health Insurance Plan are exempt from the above provisions and become eligible for the plan effective with the date of their retirement."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. MAPPUS explained the amendment.
Rep. McLELLAN spoke upon the amendment.
The amendment was then adopted.
Rep. McLELLAN proposed the following Amendment No. 153 (Doc. No. 2753U), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 129-014, left column, by striking Section 6 and inserting
TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-215, SO AS TO INDEX INDIVIDUAL INCOME TAX BRACKETS TO INFLATION BEGINNING WITH THE 1989 TAXABLE YEAR SUBJECT TO AN EIGHT PERCENT ANNUAL LIMITATION AND TO PROVIDE AN ADDITIONAL LIMIT OF ONE-HALF OF ONE PERCENT ON INDEXING FOR TAXABLE YEARS BEGINNING IN 1989; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-437 SO AS TO ALLOW A DEDUCTION FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, PARTNERSHIPS, ESTATES, AND TRUSTS EQUAL TO FOUR PERCENT OF NET LONG-TERM CAPITAL GAINS FOR TAXABLE YEARS BEGINNING IN 1989, FOURTEEN PERCENT FOR TAXABLE YEARS BEGINNING IN 1990, TWENTY-NINE PERCENT FOR TAXABLE YEARS BEGINNING IN 1991, FORTY-THREE PERCENT FOR TAXABLE YEARS BEGINNING IN 1992, AND FIFTY-SEVEN PERCENT FOR TAXABLE YEARS BEGINNING AFTER 1992, TO DEFINE NET LONG-TERM CAPITAL GAIN SO AS TO ESTABLISH A HOLDING PERIOD OF MORE THAN TWO YEARS, AND TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE IMPLEMENTING REGULATIONS.
A. Article 3, Chapter 7, Title 12 of the 1976 Code is amended by adding:
"Section 12-7-215. (A) On December 15, 1989, and on each succeeding year on that date, the commission shall adjust the adjusted brackets in Section 12-7-210 in the same manner that brackets are adjusted as provided in Internal Revenue Code Section I(f) but the adjustment may not exceed eight percent and those brackets, as adjusted, apply in lieu of those provided in Section 12-7-210 for taxable years beginning in the succeeding calendar year.
(B) On August 15, 1989, the commission shall adjust the brackets in Section 12-7-210 in the same manner as provided in Internal Revenue Code Section 1(f) for taxable years beginning in calendar year 1989 and those brackets, as adjusted, apply in lieu of those provided in Section 12-7-210 for a taxable year beginning in 1989 except that the adjustment may not exceed one-half of one percent for each bracket in 1989."/
B. Article 4, Chapter 7, Title 12 of the 1976 Code is amended by adding:
"Section 12-7-437. (A) There is allowed a deduction from the South Carolina taxable income of individuals, partnerships (including S corporations), estates, and trusts equal to the following amounts of net long-term capital gains recognized during the below-referenced taxable years:
(1) four percent for taxable years beginning in 1989;
(2) fourteen percent for taxable years beginning in 1990;
(3) twenty-nine percent for taxable years beginning in 1991;
(4) forty-three percent for taxable years beginning in 1992;
(5) fifty-seven percent for taxable years beginning after 1992.
(B) For purposes of this section, net long-term capital gain is as defined in the Internal Revenue Code of 1986, as amended through December 31, 1988, except that the applicable holding period is more than two years, mutatis mutandis.
(C) The commission may promulgate regulations necessary to implement the provisions of this section."/
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
Rep. BAKER spoke in favor of the amendment.
Reps. BAKER and FELDER spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. KLAPMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Fair Fant Farr Felder Ferguson Foster Gentry Glover Gordon Hallman Harris, J. Harris, P. Harvin Harwell Hayes Hearn Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Koon Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Washington Wells Whipper White Wilkes Wilkins Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
So, the amendment was adopted.
I was out of the Chamber when the vote was taken on Amendment No. 153. I wish to be recorded as voting in favor of the amendment.
Rep. DAVE C. WALDROP, JR.
Rep. SNOW proposed the following Amendment No. 158 (Doc. No. 2759U), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section to be appropriately numbered which shall read:
AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE A COMMEMORATIVE LICENSE PLATE IN HONOR OF THE FIFTIETH ANNIVERSARY OF THE INTRODUCTION OF THE STATE DANCE, THE SHAG, IN 1988, AND TO PROVIDE PENALTIES FOR VIOLATION.
A. Notwithstanding any other provision of law restricting the issuing of special license plates, the South Carolina Department of Highways and Public Transportation may issue a special commemorative motor vehicle license plate commemorating the fiftieth anniversary of the introduction of the State Dance, the Shag, in 1988. The annual fee for the commemorative license plate is twenty-five dollars in addition to the regular motor vehicle registration fee prescribed by Article 5, Chapter 3, Title 56 of the 1976 Code. This license plate must be of the same size and general design of regular motor vehicle license plates. The plate must be issued or revalidated annually for the year beginning December first and ending November thirtieth. License number 'one' for the Shag license plate is reserved for the president of the Columbia Shag Club in Richland County.
B. A special license plate issued pursuant to this section may be transferred to another vehicle of the same weight class owned by the same person upon an application being made and approved by the department. It is unlawful for any person to whom the commemorative license plate has been issued knowingly to permit the plate to be displayed on any vehicle except the one authorized by the department.
C. This section does not affect the registration and licensing of motor vehicles as required by other provisions of Chapter 3, Title 56 of the 1976 Code but is cumulative to them."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SNOW explained the amendment.
Rep. R. BROWN raised the Point of Order that Amendment No. 158 was out of order as it was not germane in compliance with Rule 5.3.
The SPEAKER overruled the Point of Order.
Rep. R. BROWN moved to table the amendment.
Rep. SNOW demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Barber Barfield Baxley Beasley Blackwell Boan Brown, R. Carnell Clyborne Fair Felder Gentry Glover Hallman Hayes Hearn Hodges Johnson, J.C. Kay Keegan Kirsh Koon Mappus Martin, D. Martin, L. Mattos McEachin McElveen McGinnis McLellan Moss Nettles Rama Rudnick Sharpe Sheheen Simpson Smith Stoddard Sturkie Tucker Vaughn Waites Waldrop Wells Whipper Williams, J. Winstead
Those who voted in the negative are:
Bailey, G. Bailey, J. Baker Bennett Blanding Brown, G. Brown, H. Bruce Burriss, M.D. Chamblee Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Farr Gordon Harris, J. Harris, P. Harvin Harwell Holt Huff Jaskwhich Johnson, J.W. Keesley Keyserling Klapman Lanford Lockemy McCain McLeod Neilson Phillips Rhoad Rogers, J. Snow Townsend Washington White Wilkes Wofford Wright
So, the amendment was tabled.
Rep. J. ROGERS moved that the House recede for 30 minutes, which was adopted.
Further proceedings were interrupted by the House receding the pending question being consideration of the Bill.
At 7:05 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 5B was adopted was taken up and agreed to.
Reps. McTEER, WINSTEAD and FELDER proposed the following Amendment No. 123 (Doc. No. 0683b), which was adopted.
Amend the bill, as and if amended, Part I, Section 5B Governor's Office SLED, Page 5-004, Line 12, by inserting in column (7) /1,352,264/.
Amend further, on Page 5-005, Line 24, by inserting in column (7) /1,100,335/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Section 5B, as amended, was adopted.
Although I had a leave of absence, I would have cast my vote in favor of the Governor's Budget Compromise, Section 5-B, Amendment No. 123.
Rep. RICK QUINN
The motion of Rep. McLELLAN to reconsider the vote whereby Section 14 was adopted was taken up and agreed to.
Reps. E.B. McLEOD, LIMEHOUSE, HARVIN, KAY, MATTOS, BLACKWELL, COOPER, TOWNSEND, BARBER, WALDROP, R. BROWN, MOSS, LOCKEMY, P. HARRIS, CORNING, SHORT, McELVEEN, NESBITT, KIRSH, FOSTER, K. BAILEY, COLE, O. PHILLIPS, DAVENPORT, McGINNIS, WELLS, FARR, FERGUSON, BLANDING, BRUCE, TAYLOR, LITTLEJOHN and LANFORD proposed the following Amendment No. 74 (Doc. No. 0641b), which was adopted.
Amend the bill, as and if amended, Part I, Section 14, Budget and Control Board, page 14-059, right column by inserting a new paragraph:
/14.____. The Division of Human Resource Management is hereby directed to conduct a survey of all Forestry Commission permanent, full-time employees concerning their evaluation of the job performance of the State Forester. This survey should begin in July 1989. The division is further directed to protect the confidentiality of all employees who take part in the survey. The results of the survey, along with an analysis of the survey by the division of Human Resource Management, is to be submitted to the Governor and to each member of the General Assembly./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 79 (Doc. No. 2533U), which was adopted.
Amend the bill, as and if amended, Part I, Section 14, page 14-059, by adding a new paragraph 14.96 to read:
/14.96. Each state agency, department, college, university, or technical school shall, no later than thirty days after the end of fiscal year 1989-90, file a report with the Budget and Control Board and the General Assembly covering the agency's lobbying activities and expenditures during fiscal year 1989-90. Each report must be in that form and contain information as the Budget and Control Board shall prescribe, including, but not limited to:
(1) an identification of each agency official, employee, or other person who engaged in lobbying during the covered period:
(2) the totals of all expenditures made or incurred by these persons identified in item (1) above in lobbying during the covered period. The totals must be segregated according to financial category, including: food and refreshments, entertainment, living accommodations, advertising, printing, postage, travel, telephone, contributions, office expenses, including rent and the wages paid for staff assistance, and other expenses or services, and the total number of individual public officials or employees on whose behalf the expenditures were made, and a list of the names of public officials or employees on whom more than fifty dollars was spent in any twenty-four-hour period.
(B) In the case of special events for public officials or employees, including parties, dinners, athletic events, entertainment, and other functions, the date, location, name of public body or bodies invited, and total expenses incurred by the person filing must be stated. When total amounts are required to be reported, totals must be reported for the entire year.
(C) The term "lobbying", for purposes of this paragraph 14.96, means promoting or opposing the introduction or enactment of legislation before the General Assembly or the committees or members of the General Assembly, promoting or opposing executive approval of legislation, and also includes influencing the adoption or rejection of any regulation, standard, or other legislative enactment of any state agency under the State Administrative Procedures Act.
(D) The reports required by this Paragraph 14.96 are not required from any agency whose only activity is appearing before any committee of the General Assembly at the request of that committee or any members of that committee./
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. WHITE raised the Point of Order that Amendment No. 79 was out of order as it was not germane in compliance with Rule 5.3.
The SPEAKER stated that it met the germaneness test and he overruled the Point of Order.
The amendment was then adopted.
Section 14, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 23A was adopted was taken up and agreed to.
Rep. McLELLAN proposed the following Amendment No. 14 (Doc. No. 0656b), which was adopted.
Amend the bill, as and if amended, Part I, Section 23A, University of South Carolina, page 23-014, line 31, by inserting in column (7) /$802,500/ and in column (8) /$802,500/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 23A, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 28 was adopted was taken up and agreed to.
Rep. McLELLAN proposed the following Amendment No. 160 (Doc. No. 0722b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28 State Education Department, Page 28-004, Line 21, opposite /Equipment/ by inserting in column (7) /6,365,000/ and in column (8) /5,885,000/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Reps. BOAN, J. HARRIS, T. ROGERS and LIMEHOUSE proposed the following Amendment No. 157 (Doc. No. 0716b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28 State Education Department, Page 28-007, Line 14, by inserting in column (7), opposite /Alloc. EIA-Gift/Talent PRG/
/19,795,000/
Amend further, Line 15, column (7), opposite "Alloc. EIA-Mod.Voc. Equip" by inserting /$4,000,000/.
Amend further, Line 19, column (7), opposite "Alloc. EIA-Adult Education" by inserting /$2,150,000/.
Amend further, Page 28-009, Line 23, column (7), opposite "Alloc. EIA-Tchr. Slrs" by inserting /$94,272,830/.
Amend further, Line 24, column (7), opposite "Alloc. EIA-Emplyr. Contrib." by inserting /$13,778,315/.
Amend further, Page 28-017, Line 21, column (7), opposite "Dropout Prevention" by inserting /$3,272,197/.
Amend further by inserting a new line immediately after line 25 /Arts Education/ and in column (7) /$100,000/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
Rep. KIRSH moved to divide the question.
Rep. BEASLEY moved to table the motion, which was agreed to.
Reps. FELDER and McGINNIS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. FELDER demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 59 to 25.
Rep. LIMEHOUSE proposed the following Amendment No. 156 (Doc. No. 0715b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28 State Education Department, Page 28-023, right column, paragraph 28.40, line 2, by striking /$27,138/ and inserting /$27,051/
Amend further line 9, by inserting immediately after /increased/ the following /above $27,138/
Renumber sections to conform.
Amend totals and title to conform.
Section 28, as amended, was adopted.
The motion of Rep. BURCH to reconsider the vote whereby Amendment No. 120 was adopted was taken up and agreed to.
Rep. McABEE moved to table the amendment, which was agreed to.
The motion of Rep. BURCH to reconsider the vote whereby Amendment No. 119 was adopted was taken up.
Rep. BURCH moved to table the motion to reconsider, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 40 was adopted was taken up and agreed to.
Rep. M.D. BURRISS proposed the following Amendment No. 93 (Doc. No. 0667b), which was adopted.
Amend the bill, as and if amended, Part I, Section 40 Department of Mental Health, Page 40-006, by inserting a new line after line 36,
/New Positions: (7) (18)
Occupational Train. Coor.
FTE (6.00) (6.00)
Clinical Counselors
FTE (7.00) (7.00)
Renumber sections to conform.
Amend totals and title to conform.
Section 40, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 43 was adopted was taken up.
Rep. HOLT moved to table the motion.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Bailey, K. Barber Barfield Beasley Blackwell Blanding Boan Carnell Faber Foster Glover Gregory Hallman Harris, P. Harwell Holt Huff Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Kirsh Klapman Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McKay McLellan McTeer Nettles Rama Rogers, J. Rogers, T. Rudnick Sheheen Simpson Smith Townsend Tucker Waites Waldrop Washington Whipper White Wilder Wilkes Winstead
Those who voted in the negative are:
Altman Baker Baxley Brown, G. Bruce Burch Burriss, M.D. Chamblee Cole Cooper Corbett Corning Davenport Fair Farr Gentry Gordon Harris, J. Hayes Hearn Hodges Jaskwhich Koon Lanford Lockemy McCain McGinnis McLeod Moss Neilson Nesbitt Phillips Sharpe Short Sturkie Vaughn Wells Wofford Wright
So, the motion to reconsider was tabled.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 47 was adopted was taken up and agreed to.
Reps. P. HARRIS, KIRSH, MATTOS and WALDROP proposed the following Amendment No. 148 (Doc. No. 0713b), which was adopted.
Amend the bill, as and if amended, Part I, Section 47 Commission on Aging, Page 47-001, Line 29, opposite /Aid to Entities/ by inserting in columns (7) and (8) /420,186/ and on line 30, opposite /Aid to Planning Districts/ by inserting in columns (7) and (8) /380,658/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. P. HARRIS explained the amendment.
The amendment was then adopted.
Section 47, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 47.3 was adopted was taken up.
Rep. BLACKWELL moved to table the motion, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 54 was adopted was taken up and agreed to.
Reps. BLANDING, H. BROWN and McKAY proposed the following Amendment No. 103 (Doc. No. 2644U), which was adopted.
Amend the bill, as and if amended, in Part I, Section 54, Department of Youth Services, page 54-002, line 17, by inserting in Column 8 /337,343/ and on line 18 by inserting in Column 8 /(20.50)/.
Amend further, page 54-002, by inserting immediately after line 20
/Instructors 64,006 64,006
(3) (3)/
Amend further, page 54-002, by inserting in Column 7, line 26 /122,623/ and by inserting in Column 7, line 27 /132,105/.
Amend title and totals to conform.
Rep. BLANDING explained the amendment.
The amendment was then adopted.
Rep. BLANDING proposed the following Amendment No. 97 (Doc. No. 2659U), which was adopted.
Amend the bill, as and if amended, in Part I, Section 54, Department of Youth Services, page 54-004, line 6, by striking the figures inserted by the amendment offered by Rep. Blanding, et al, document number 2617U and designated as amendment number 87, and inserting in Column 7 /1,521,172/ and by inserting in Column 8 /1,353,568/.
Amend totals and title to conform.
Rep. BLANDING explained the amendment.
The amendment was then adopted.
Reps. BLANDING, H. BROWN and McKAY proposed the following Amendment No. 101 (Doc. No. 2640U), which was adopted.
Amend the bill, as and if amended, in Part I, Section 54, Department of Youth Services, beginning on page 54-006, right column, by striking paragraph 54.8 in its entirety.
Amend title and totals to conform.
Reps. BLANDING, H. BROWN and McKAY proposed the following Amendment No. 102 (Doc. No. 2643U), which was adopted.
Amend the bill, as and if amended, in Part I, Section 54, Department of Youth Services, page 54-007, paragraph 54.9, left column, line 4, by striking /$740,324/ and inserting /$395,390/.
Amend title and totals to conform.
Section 54, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 59 was adopted was taken up and agreed to by a division vote of 59 to 33.
Reps. BLACKWELL, McLEOD, LIMEHOUSE, TOWNSEND, G. BAILEY, COOPER, O. PHILLIPS, FARR, DAVENPORT, NEILSON, MATTOS, LITTLEJOHN, KIRSH and LANFORD proposed the following Amendment No. 132 (Doc. No. 0695b), which was adopted.
Amend the bill, as and if amended, Part I, Section 59, State Forestry Commission, page 59-001, line 03, opposite /State Forester/ and inserting in column (7) /$32,000/ and in column (8) /$32,000/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. LANFORD moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 22 to 70.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 59, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 66 was adopted was taken up.
Rep. CORBETT moved to table the motion, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 80 was adopted was taken up and agreed to.
Rep. T. ROGERS proposed the following Amendment No. 121 (Doc. No. 0682b), which was adopted.
Amend the bill, as and if amended, Part I, Section 80 Department of Consumer Affairs, Page 80-001, Line 9 by inserting opposite /Supervisor/ in column (7) /21,153/ and in column (8) /21,153/. Amend further, on Line 10, by inserting in column (7) /(1.00)/ and in column (8) /(1.00)/.
Amend further. on line 18, by inserting opposite /contractual services/ in column (7) /110,495/ and in column (8) /104,495/.
Amend further on line 19, by inserting opposite /Supplies and Materials/ in column (7) /26,799/ and in column (8) /24,599/.
Amend further on line 21, by inserting opposite /Travel/ in column (7) 115,0001 and column (8) /15,000/.
Amended further on Page 80-002 on Line 22, opposite /Contractual Services/ by inserting in column (7) /333,473/ and in column (8) /333,473/.
Renumber sections to conform.
Amend totals and title to conform.
Section 80, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 119 was adopted was taken up and agreed to.
Rep. McLELLAN proposed the following Amendment No. 155 (Doc. No. 0719b), which was adopted.
Amend the bill, as and if amended, Part I, Section 119 Debt Service, Page 119-001, Line 5, by inserting in columns (7) and (8) the following /103,511,350/.
Renumber sections to conform.
Amend totals and title to conform.
Section 119, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 122 was adopted was taken up and agreed to.
Reps. KIRSH and FELDER proposed the following Amendment No. 128 (Doc. No. 0690b), which was adopted.
Amend the bill, as and if amended, Part I, Section 122 Aid to Subdivisions, Page 122-001, Line 34, opposite /Aid to Fire Districts/ by inserting in columns (7) and (8) /4,475,920/.
Renumber sections to conform.
Amend totals and title to conform.
Reps. McLELLAN and FELDER proposed the following Amendment No. 129 (Doc. No. 2697U), which was adopted.
Amend the bill, as and if amended, in Part I, Section 122, Aid to Subdivisions, page 122-003, paragraph 122.1. by striking the language added in the paragraph by the amendment offered by Representative McAbee, et al, adopted March 14, 1989, document number 0679B, and designated as amendment number 109, and inserting in lieu thereof
/Except fire departments shall receive one hundred percent of funding as required by law./
Amend title and totals to conform.
Section 122, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 124 was adopted was taken up.
Rep. RUDNICK moved to table the motion, which was rejected by a division vote of 22 to 58.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. McLEOD proposed the following Amendment No. 141 (Doc. No. 0703b), which was tabled.
Amend the bill, as and if amended, Part I, Section 124 Department of Highways and Public Transportation, Page 124-015, by inserting a new paragraph:
/124._____ The Department of Highways and Public Transportation is directed to use sufficient funds from page 124-006, line 09, opposite /Contractual Services/ to maintain in its records current information regarding the cancellation of automobile insurance by S.C. license tag number. This information is to be available at all times so that the Department's patrol officers can determine whether a state motor vehicle is insured or uninsured./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLEOD explained the amendment.
Rep. HARWELL raised the Point of Order that Amendment No. 141 was out of order as it was not germane in compliance with Rule 5.3.
The SPEAKER stated that the Amendment did relate to a line item and he overruled the Point of Order.
Rep. McLEOD continued speaking.
Rep. BEASLEY spoke against the amendment.
Rep. McLEOD spoke in favor of the amendment.
Rep. BEASLEY moved to table the amendment, which was agreed to by a division vote of 46 to 41.
Rep. LIMEHOUSE proposed the following Amendment No. 151 (Doc. No. 0705b), which was adopted.
Amend the bill, as and if amended, Part I, Section 124 Department of Highways and Public Transportation, Page 124-015, after line 33, right column, by inserting the following new paragraph:
/124._____ Any unexpended revenue from cable TV right-of-way fees shall be used for highway patrolmen salary increases./
Renumber sections to conform.
Amend totals and title to conform.
Section 24, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 128 was adopted was taken up and agreed to.
Reps. KIRSH and LIMEHOUSE proposed the following Amendment No. 164 (Doc. No. 0726b), which was adopted.
Amend the bill, as and if amended, Part I, Section 128 Est. of General, School, Highway, and Education Improvement Act Revenue, Page 128-001, Line 20, opposite /Departmental Revenue/ by inserting in column (3) /33,216,297/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMEHOUSE proposed the following Amendment No. 146 (Doc. No. 0706b), which was adopted.
Amend the bill, as and if amended, Part I, Section 128, Estimate of General, School, Highway, and Education Improvement Act Revenue, Fiscal Year 1989-90, page 128-001, by inserting a new item after line 37:
/ Ways and Means Estimate
FY 1989-90
Cable TV Fees 70,000/
Amend further, page 128-002, line 09, opposite /Total Highway Revenue/ under the column titled /Ways and Means Estimate FY 1989-90/ by inserting /476,838,015/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN proposed the following Amendment No. 159 (Doc. No. 0721b), which was adopted.
Amend the bill, as and if amended, Part I, Section 128, Estimate of General, School, Highway, and EIA Revenue, Page 128-001, line 46, opposite /Indirect Cost Recoveries/ by inserting in the Ways and Means Estimate column /20,901,511/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 128, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 129.36 was adopted was taken up and agreed to.
Reps. McLELLAN and KIRSH proposed the following Amendment No. 140 (Doc. No. 0700b), which was adopted.
Amend the bill, as and if amended, Part I, Section 129.36, Page 129-010, Line 16, right column, by deleting 129.36 in its entirety and inserting a new paragraph 129.36 as follows:
/The General Assembly directs that in addition to the 28 state agencies participating in the model program budget project, that the Department of Health and Environmental Control, the Department of Mental Retardation, the Department of Social Services, John de la Howe School and the Commission on Aging shall submit a program budget based on the format developed in the model budget project. This budget will contain effectiveness and efficiency measures and be displayed as a separate document. This project will be completed by September 15, 1989. The agencies will work with the staffs of the Senate Finance and House Ways and Means Committees, and the Budget Division of the Budget and Control Board in developing the above referenced program budget. The Budget Division shall submit the completed report by January 1, 1990 to the House of Representatives along with the Budget and Control Board's recommendation for the 1990-91 appropriation bill. The agencies are instructed to establish the necessary information to support their performance measures./
Renumber sections to conform.
Amend totals and title to conform.
Section 129.36, as amended, was adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 165 (Doc. No. 2761U), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 58-12-90 OF THE 1976 CODE, RELATING TO ANNUAL FEES FOR RIGHT-OF-WAY USAGE FOR CABLE TELEVISION COMPANIES AND THE AVAILABILITY OF CHANNELS TO THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO PROVIDE THAT THE REVENUE DERIVED FROM THE ANNUAL FEES MUST BE USED AND DESIGNATED AS PROVIDED IN SECTION 58-12-130; AND TO PROVIDE FOR THE WAIVER OF CERTAIN FEES; TO AMEND SECTION 58-12-130, RELATING TO FEES FOR RIGHT-OF-WAY USAGE FOR CABLE TELEVISION COMPANIES, THE AVAILABILITY OF CHANNELS TO THE EDUCATIONAL TELEVISION COMMISSION, AND ISSUANCE OF CONTINUING PERMITS; TO PROVIDE THAT AFTER PAYMENT OF ADMINISTRATIVE EXPENSES TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FROM THE ANNUAL FEES, THE REMAINING REVENUE MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO INCREASE THE AMOUNT THE DEPARTMENT MAY RETAIN FROM THE ANNUAL FEES FROM FIVE TO FIFTY PERCENT; TO REQUIRE EACH CABLE TELEVISION COMPANY TO SUBMIT TO THE DEPARTMENT AN AFFIDAVIT OF ITS RIGHT-OF-WAY USAGE BY THE FIRST OF JULY OF EACH YEAR; AND TO PROVIDE PENALTIES FOR LATE FILING.
A. Section 58-12-90 of the 1976 Code is amended to read:
"Section 58-12-90. Cable television companies operating in this State shall pay an annual fee of ten dollars a mile of State of South Carolina right-of-way usage. The revenue derived from the annual fees must be designated and used as provided for in Section 58-12-130. All cable television companies shall make available one six megahertz channel for the transmissions of the South Carolina Educational Television Commissions
B. Section 58-12-130 of the 1976 Code is amended to read:
"Section 58-12-130. (a) Cable television companies operating in this State shall pay an annual fee of ten dollars a mile of State of South Carolina right-of-way usage. The net revenue derived from the annual fees, after payment of the administrative expenses of the South Carolina Department of Highways and Public Transportation as specified in subsection (b) below, must be deposited in the general fund of the State. All cable television companies shall make available one six megahertz channel for the transmissions of the commission.
(b) The department may administer the provisions of this section and collect from the cable television companies the annual fees required to be paid and to retain fifty percent of the amount collected to the credit of its accounts. The department shall deposit the balance remaining with the State Treasurer to the credit of the general fund. All charges due or owed pursuant to this chapter prior to July 1, 1988, that have not been collected are waived.
(c) The department is authorized to issue a general continuing permit to each of the cable television companies which, upon the reporting by the cable television companies of a proposed extension of its cable subject to this chapter and approval of the extension by the department, applies to each extension and eliminates the necessity of the issuance of a permit for each extension.
(d) No later than the first of July of each year, each cable television company operating in this state shall submit to the department a sworn affidavit of the amount of its usage of right-of-way together with payment in the appropriate amount. If the affidavit and payment are not submitted by the required date, the cable television company is subject to a penalty of ten percent a month. If the affidavit and payment are not received within six months, the department shall rescind all outstanding permits of the cable television company. The department has the right to inspect the records of any cable television company.
(e) The department may initiate appropriate legal action to enforce the permit and fee requirements of this section against nonpermitted cable encroachment located within state highway rights-of-way."/
Renumber sections to conform.
Amend totals and title to conform.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 14.90 was adopted was taken up and agreed to.
Rep. KIRSH proposed the following Amendment No. 161 (Doc. No. 0724b), which was adopted.
Amend the bill, as and if amended, Part I, Section 14.90 - Budget and Control Board, Page 14-058, right column, Line 39, by striking /100,771/ and inserting /30,771/.
Renumber sections to conform.
Amend totals and title to conform.
Section 14.90, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 14G was adopted was taken up and agreed to.
Rep. KIRSH proposed the following Amendment No. 162 (Doc. No. 0723b), which was adopted.
Amend the bill, as and if amended, Part I, Section 14G General Services Division, Budget and Control Board, Page 14-026, Line 38, by inserting in columns (7) and (8) /2,139,376/.
Renumber sections to conform.
Amend totals and title to conform.
Section 14G, as amended, was adopted.
Rep. McLELLAN moved to reconsider the vote whereby Section 128, as amended, was adopted, which was agreed to.
Rep. McLELLAN moved to reconsider the vote whereby Amendment No. 164 was adopted, which was agreed to.
Rep. KIRSH moved to table the amendment, which was agreed to.
Section 128, as amended, was adopted.
Rep. McLELLAN moved to withdraw all pending motions to reconsider, which was agreed to.
Rep. McLELLAN gave notice of general amendments to be offered on third reading.
Debate was resumed on Section 127.
Section 127 was adopted.
The question then recurred to the passage of the Bill, as amended, on second reading, which was agreed to.
Rep. BAXLEY moved that the House do now adjourn which was adopted.
The Senate returned to the House with concurrence the following:
H. 3608 -- Reps. McCain, K. Bailey, Bennett and Felder: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MARCH 29, 1989, AS SOUTH CAROLINA STATE COLLEGE DAY.
H. 3686 -- Reps. McCain, K. Bailey, Bennett and Felder: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ORANGEBURG SCHOOL DISTRICT FIVE SUPERINTENDENT JIM WILSFORD UPON BEING NAMED 1989 NATIONAL SUPERINTENDENT OF THE YEAR BY THE AMERICAN ASSOCIATION OF SCHOOL ADMINISTRATORS.
H. 3687 -- Reps. Wells, Cole, Davenport, Littlejohn, Ferguson, Lanford, McGinnis and Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE KATHLEEN M. ALLEN OF MOORE IN SPARTANBURG COUNTY FOR BEING CHOSEN COUNSELOR OF THE YEAR BY THE SOUTH CAROLINA SCHOOL COUNSELORS ASSOCIATION.
At 9:10 P.M. the House in accordance with the motion of Rep. T. ROGERS adjourned in memory of Mrs. Alice Spearman Wright, a prominent South Carolina citizen, to meet at 10:00 A.M. tomorrow.
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